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Home My WebLink About20192139.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-11 was introduced on first reading on June 10, 2019, and a public hearing and second reading was held on July 1, 2019. A public hearing and final reading was completed on July 22, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 5, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 26, 2019 PUBLISHED: July 31, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2019-11 ON FINAL READING: Amend Sec. 23-1-90. Definitions, to read as follows: For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA Permittees. PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT, including regulation of exploration and extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code. Delete OIL AND GAS LOCATION. aoti- 0V3q SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor SUBDIVISION application which has been submitted to the COUNTY and receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. SITE -SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-35. Uses allowed by permit outside of subdivisions and historic townsites, to read as follows: No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru S. — No change. T. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 2 — Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -Density Residential) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 3 — Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section - No change. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 5 - E (Estate) Zone District Amend Sec. 23-3-425. Uses allowed by permit, to read as follows: No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. A. thru C. — No change. D. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Thirty -First day of July A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Thirty -First day of July A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 31, 2019 Total Charges: $61.64 31st day of July 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 • NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019- 11 was introduced on first reading on June 10, 2019, and a public hearing and second reading was held on July 1; 2019. A public hearing and final reading was completed on July 22, 2019, with changes being made as list- ed below, and on motion duly made and seconded, was"adopted,. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Admin- istration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file please send a copy to egesiok@weldgov.com. ORDINANCE NO, 2019-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE - - EFFECTIVE DATE: August 5, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO DATED: July 26, 2019 PUBLISHED: July 31, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2019-11 ON F(NAL READING: Amend Sec. 23-1-90. Definitions, to read as follows: For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: LANDOWNER: Any owner of a legal,or equitable interest iri real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA Permittees. PROPERTY All real PROPERTY subject to land:USE regulation by a LOCAL GOVERNMENT, including regulation of exploration and extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code. Delete OIL AND GAS LOCATION. SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY, PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor SUBDIVISION application which has been submitted to the COUNTY and receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. SITE -SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land use application shall be considered a SITE SPECIFIC DEVELOP- MENT PLAN. ARTICLE ill - Zone Districts • Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-35. Uses allowed by permitoutside of subdivisions and historic townsites, to read as follows: No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from in Services or Department of Public Health and the uepanmem or riann g Environment, as applicable, A. thru S. — No change T. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section No change. Division 2— Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District, to read as follows: A. thru D. - No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall com- mence construction or operation In the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. - No change. 3. OIL AND GAS FACILITIES. a, 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -Density Residential) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section - No change. Division 3 - Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District, to read as follows: - A. thru D. - No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall com- mence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. - No change. 3. OIL AND GAS FACILITIES. a.1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed. In the C-1 (Neighborhood Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall com- mence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2.— No change. 3. OIL AND GAS FACILITIES. - LA Permft Required: No OIL AND GAS FACILITY shall be de - a.1041 WOG veloped in the C- 2 (General Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing ' The Tribune procedures set forth in Article V, Chapter 21 of this Code. , July 31, 2019 Remainder of Section - No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District, to read as follows: A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall corn- mence construction oroperation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1: thru 2: — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a 1041 WOGLA Permit has been issued in,accordance with the application and hearing procedures set -forth in Article'V, Chapter 21 of this Code. Remainder of Section - No change. Amend Sec. 23-3-240. C-4 (Highway, Commercial) Zone District, to read as follows: A: thru D. - No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall corn- mence construction or operation in the C-4 Zone'District without prior approvalof a land use permit from the Department of Planning Services. 1. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change.. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310.1-1 (Light Industrial) Zone District, to read as follows: A. thru D. — No change. • E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. thru 2. — No change. 3. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No, OIL AND GAS FACILITY shall be developed in the f-1 (Industrial) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section = No change. Division 5 - E (Estate) Zone District Amend Sec; 23-3-425, Uses allowed by permit, to read as follows: No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department, of Planning Services. - A. thru C. — No change. D. OIL AND GAS FACILITIES.'.: 1.1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall he developed In the E (Estate) Zone District until a 1041 WOGLA Permit has been issued in accordance with the application and hearing procedures set forth in Article V, Chapter 21 of this Code. ' Remainder of Section - No change. • NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-11 was introduced on first reading on June 10, 2019, and a public hearing and second reading was held on July 1, 2019, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 22, 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 22, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2019 PUBLISHED: July 10, 2019, in the Greeley Tribune 0,2alq-0213? Affidavit of Publication • NOTICE OF SECOND READING OF ORDINANCE Number 2Q 8 f Weld was Coil* u introduced ott Horne R st reading'ore Ordinance 2019, and a public hearing and second reading was held on July nance A 019;pub c hearinth no g and third d readinde to g schtext eduled oSaidrbe held in the Chanters of the Board, Ideated within the Weld County Administration Building,, 1150 O' Street, Greeley; Colorado 80631i on July 22; 2019. Alf persons in any manner: interested in the next reading of said Ordinance al's requestedlo attend and may be heard: Please cdntact the Clerk to the Board's Officeat phone (970)' 400.4225; or tax (970) 338.7233, prior to theflay of the hearing k as a result of a disability, you require reasonable accommodations in Order to participate in this hearing. Any backup material, exhibits or information:preuiously submitted to the Boarder COUnty Commissioners concerningthis matter may be examined in the office of the Clerk to the Board of County CoirmieBuilding, 150 CI Streeer tGrthin thei Weld reeley Colorado; between Adthe' hours of 8:00 am.,, and 500 p.m4 Monday thru Friday; or may be acs cessed through the Weld County Web Page (www,weldgov.com `` ). Emil messages sent to an individual Commissioner may not. be Included in the case file. To ensure inclusion of your e- maA correspondence.into the case fife, please send a copy tq egesick@wefdgov corn, .ORDINANCE NO 2019-11' ORDINANCE TITLE 114:THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS; CHAPTER 23 ZONING, OF, THE WELD COUNTY CODE DATE.OF NEXT READING; July 22 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED:: July 2, 2019 The Tribune July 10, 2019' STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was Tenth day of July A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Tenth day of July A.D. 2019 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 10, 2019 Total Charges: $11,99 10th day of July 2019 My Commission Expires 02/19/2023 JERILYN L MARTINEZ OOFF COLORADO Y PUBLIC STATEDO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRUARY 19, 2023 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-11 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 10, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 1, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 1, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 PUBLISHED: June 19, 2019, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2019-11 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. azoi 9- ow q NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration, production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS FACILITY. Delete OIL AND GAS LOCATION. Amend ARTICLE II - Procedures and Permits Division 10 - Weld Oil and Gas Location Assessment (WOGLA) (Repealed.) ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. thru H. — No change. I. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 2 — Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160, below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1. thru 8. — No change. 9. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -Density Residential) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 3 — Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 14. — No change. 15. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 17. — No change. 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250, below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 17. — No change. 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES which must be conducted in conformance with performance standards contained in Subsection F., below. USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 10. — No change. 11. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division. 1. thru 11. — No change. 12. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 5 — E (Estate) Zone District Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. thru I. — No change. J. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 6 — PUD (Planned Unit Development) District [All current development proposals are subject to Chapter 27 of this Code. See transition provisions of Section 23-1-80 C.] Amend Sec. 23-3-550. Uses allowed by right. A. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. ARTICLE VIII — Vested Property Rights Amend Sec. 23-8-20. Definitions. As used in this Article, unless the context otherwise requires: LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA Permittees. PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT, including regulation of exploration and extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code. SITE SPECIFIC DEVELOPMENT PLAN : A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor subdivision application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners. SITE -SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land USE application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. Remainder of Section — No change. Amend Sec. 23-8-50. Approval; effective date; amendments. A. A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date of final or conditional approval action as detailed in this Code. In the event amendments to a SITE SPECIFIC DEVELOPMENT PLAN are proposed and approved, the effective date of such amendments, for purposes of duration of a VESTED PROPERTY RIGHT, shall be the date of the approval of the original SITE SPECIFIC DEVELOPMENT PLAN, unless the Board of County Commissioners specifically finds to the contrary and incorporates such finding in its approval of the amendment. B. A SITE -SPECIFIC DEVELOPMENT PLAN may be approved upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. The conditional approval shall result in a VESTED PROPERTY RIGHT, although failure to abide by such terms and conditions will result in a forfeiture of VESTED PROPERTY RIGHTS. Amend Sec. 23-8-100. Establishment of VESTED PROPERTY RIGHT. The provisions in this Article are intended to implement the provisions of Article 68 of Title 24, C.R.S. Pursuant to Section 24-68-103(1)(c) C.R.S., the 1041 WOGLA Permit shall confer upon the LANDOWNER the right to undertake and complete the development and use of said property under the terms and conditions of the SITE SPECIFIC DEVELOPMENT plan including any amendments thereto. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Article shall be deemed to be repealed and the provisions hereof no longer effective. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-11 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 10, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 1, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 1, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 PUBLISHED: June 19, 2019, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2019-11 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration, production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS FACILITY. Delete OIL AND GAS LOCATION. Amend ARTICLE II - Procedures and Permits Division 10 - Weld Oil and Gas Location Assessment (WOGLA) (Repealed.) ARTICLE III — Zone Districts Division 1 — A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. thru H. — No change. I. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 2 — Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160, below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 1. thru 8. — No change. 9. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -Density Residential) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 3 — Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 14. — No change. 15. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 17. — No change. 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250, below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 17. — No change. 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES which must be conducted in conformance with performance standards contained in Subsection F., below. USES within the C-4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. thru 10. — No change. 11. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1) or more of the following USES. The USES must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division. 1. thru 11. — No change. 12. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 5 — E (Estate) Zone District Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. thru I. — No change. J. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Division 6 — PUD (Planned Unit Development) District [All current development proposals are subject to Chapter 27 of this Code. See transition provisions of Section 23-1-80 C.] Amend Sec. 23-3-550. Uses allowed by right. A. OIL AND GAS FACILITIES. 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. ARTICLE VIII — Vested Property Rights Amend Sec. 23-8-20. Definitions. As used in this Article, unless the context otherwise requires: LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA Permittees. PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT, including regulation of exploration and extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code. SITE SPECIFIC DEVELOPMENT PLAN : A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor subdivision application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners. SITE -SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land USE application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. Remainder of Section — No change. Amend Sec. 23-8-50. Approval; effective date; amendments. A. A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date of final or conditional approval action as detailed in this Code. In the event amendments to a SITE SPECIFIC DEVELOPMENT PLAN are proposed and approved, the effective date of such amendments, for purposes of duration of a VESTED PROPERTY RIGHT, shall be the date of the approval of the original SITE SPECIFIC DEVELOPMENT PLAN, unless the Board of County Commissioners specifically finds to the contrary and incorporates such finding in its approval of the amendment. B. A SITE -SPECIFIC DEVELOPMENT PLAN may be approved upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. The conditional approval shall result in a VESTED PROPERTY RIGHT, although failure to abide by such terms and conditions will result in a forfeiture of VESTED PROPERTY RIGHTS. Amend Sec. 23-8-100. Establishment of VESTED PROPERTY RIGHT. The provisions in this Article are intended to implement the provisions of Article 68 of Title 24, C.R.S. Pursuant to Section 24-68-103(1)(c) C.R.S., the 1041 WOGLA Permit shall confer upon the LANDOWNER the right to undertake and complete the development and use of said property under the terms and conditions of the SITE SPECIFIC DEVELOPMENT plan including any amendments thereto. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Article shall be deemed to be repealed and the provisions hereof no longer effective. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Sixteenth day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Sixteenth day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 16, 2019 Total Charges: $126.52 16th day of June 2019 My Commission Expires 08/13/2022 c)3. c:_j> Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-11 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 10, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631, on July 1, 2019. All persons in any manner Interested in the reading of said Ordinance are requested to attend and may be heard; Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax N70) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhib- its or information previously submitted to the Board of County Commissioners concerning this matter maybe examined in the office of the Clerk to the Board of County Commissioners, located within the. Weld County Administration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web, Page (www.weldgov.com). E-mail messages sent to an individual Commissioner: may not be included in the case file: To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO, 2019-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 1, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD'COUNTY, COLORADO DATED: June 14, 2019 WELD COUNTY CODE ORDINANCE -2019-11 IN THE MATTER OF REPEALING'AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and • WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and. permanent nature enacted on Or before said date of adoption, and ' WHEREAS, the Weld -County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. - NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to mad as follows. , - . CHAPTER 23 ZONING ARTICLE I - General Provisions Amend Sec. 23-1-90. Definitions,' For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: OIL AND GAS FACILITY:Equipment or improvements used or installed for the exploration, production, withdrawal, gathering, treat- ment, or processing of oil or natural gas; excluding PIPELINE - NATURAL GAS'and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all other pipelines and flowlines used or installed at the OILAND'GAS FACILITY. Delete OIL AND GAS LOCATION Amend ARTICLE ii - Procedures and Permits Division to - Weld Oil and Gas Location Assessment (WOGLA) (Repealed.) ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-20. Uses allowed by right No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also -be subject to additional requirements contained in Articles IV and V of this Chapter. A. thru H. - No change. • I. OIL AND GAS FACILITIES. , 1. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a 1041 WOGLA Permit has been issued'by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section - No change. Division 2 - Residential Zone Districts Amend Sec. 23-3-110, R-1 (Low -Density Residential) Zone District. A. - No change.. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1' Zone District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirementscontained. in Section 23-3-160, below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV' and V'of this Chapter. ' 1. thru 8. - No change. - • 9. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -Density Residential) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section --No change. Division 3 -Commercial Zone Districts Amend Sec. -23-3-210. C-1 (Neighborhood Commercial) Zone District. A. - No change., B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected; structurally altered,, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C 1 Zone District. USES. within the C-1 Zone District shall also be subject to addi- tional requirements contained in Articles IV and.V of this Chapter. 1. thru 14. - No change. 15. OIL AND GAS FACILITIES. ' a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone Dis- trict until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordande with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section - No change. Amend See, 23-3-220. 0-2 (General Commercial) Zone District. A.,- No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE ©r.lurid shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 0-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter 1. thru 17. - No change: 18, OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a 1041 WOGLA.Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. • Remainder of Section No change Amend Sec. 23-3-030. 0-3 (Busineas Coronae A - No change. B. Uses Allowed by Right. No BUILDINGS, SIR be erected, structurally altered, enlarged of mai which must be conducted in compliance with p Zone District shall also be subject to additional 1. thru 17. - No change. 18. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required, No OIL AND until a 1041 WOGLA Pemiit has been issued by accordance with the application procedures set Remainder of Section - No change. Amend Sec, 23-3-240, Ci4 (HighWay'Commel A. - No change. 0. Uses Allowed byRight. No BUILDINGS, SIR be erected, structurally altered, enlarged or mail which must be conducted in conformance with Zone District shall also be subject to additional, I. thru 10. - No change. " 11. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND I until a 1041 WOGLA Permit has "been issued by accordance with the, application procedures set Remainder of^Section-No change. Division 4- Industrial Zone Districts Amend See. 23-3-310. I-1 (Industrial) Zone Di A. - No change. B. Uses Allowed by Right No BUILDING, STRU TURE shall hereafter be erected, structurally alte USES must be conducted in compliance with th of this Division. 1. thru 11. — No change. 12. OIL AND GAS FACILITIES, • a. 1041 WOGLA Permit Required. No OIL AND C WOGLA Permit has been issued by the Departs the application procedures set forth in Article V. Remainder, of Section - No change. " - Division 6-. E (Estate) Zone District ' Amend Sec. 23-3410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be. US altered,. enlarged or maintained in the E Zone Di: must be USED incompliance with the bulk requ subject to the additional requirements containec A. thru I. No change..• J. OIL AND GAS FACILITIES. I. 1041 WOGLA Permit Required. No OIL AND C Permit has been issued by the Department of Pl. application procedures set forth in Article V Cha Remainder of Section -- No change. • Division 6- ND (Planned Unit Development) Code. See transition provisions of Section 23 Amend Sec. 23-3-550, Uses allowed by right. A.'OIL AND GAS FACILITIES. 1__1041 WOGLA Permit Required ;No OIL AND C WOGLA Permit has been issued by the Departm the application procedures set forth in Article V, i ARTICLE VIII Vested Property Rights Amend Sec. 23-820. Definitions. As used in this Article, unless the context, others LANDOWNER: Any owner of a legal or equitable ownership interests. LANDOWNER as referred V PROPERTY' All real PROPERTY subject to land I 'extraction oil and gas mineral resources contain( SITE SPECIFIC DEVELOPMENT PLAN : A Use b UTILITY OR PUBLIC AGENCY), PLANNED UNIT vision application which has been submittedto t Commissioners. SITE -SPECIFIC DEVELOPMEN" V of Chapter 21 of this Code. Final or conditiona Article 68 of Title 24, C.R.S. No other type of Ian( Remainder or Section - No change. Amend Sec. 23-8-50. Approval; effective date; A. A SITE SPECIFIC DEVELOPMENT PLAN shall as detailed in this Code. In the event amendmen effective date of such amendments, for purpose: the original SITE SPECIFIC DEVELOPMENT PLA incorporates such finding in its approval of the al B. A SITE -SPECIFIC DEVELOPMENT PLAN may protect the public health, safety and welfare. The to abide by such terms and conditions will result Amend Sec. 23-8-100. Establishment of VEST The provisions in this Article are intended to impl 103(1)(c) C.R.S., the 1041 WOGLA Permit shall b and use of said property under the terms and co thereto. Is the event of the repeal of said article c shall be deemed to be repealed and the provisiol BE BT FURTHER ORDAINED by the Board that 1 supplement the Weld County Code with the ame and subsections as they currently exist within sai numbering or placement of chapters, articles, dit BE IT FURTHER ORDAINED by the Board, if an for any reason held or, decided to be unconstituti Board of County G.ommissioners hereby declare: paragraph, sentence; clause, and phrase thereof sentences, clauses, or phrases might,be declare( The Tribune June 16, 2019 Notary Public VICK(E G GARRETT$ NOTAi.'Y PUBLIC STATE OF COLORADO NOTARY in 201440317SA Sunday, June 16, 2019 -11 published below, was introduced and, on motion duly tic hearing and second reading is scheduled to be held ion Building, 1150 0 Street, Greeley, Colorado 80631., I Ordinance are requested to attend and may be heard, • fax (970) 336-7233, prior to the day of the hearing if, as • to participate in this hearing. Any backup material, exhib- iets concerning this matter maybe examined in the office Id Coupty Administration Building, 1150 O Street, Greeley, hdy, or may be accessed through the Weld County Web. nioner+may not be included in the case file. To ensure d a copy to egesick@weldgov.com. • i, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE 119-11 NTS, CHAPTER 23 ZONING, OF THE WELD COUNTY THE COUNTY OF WELD, STATE OF COLORADO: :ate ofColoredo, pursuant to Colorado statute and the ing the affairs of Weld County, Colorado, and adopted Weld County Code Ordinance 2000-1, enacting f all previously adopted ordinances of a general and ritF regard to procedures, terms, and requirements oners of the County of Weld, State of Colorado, that ealed and re-enacted, with amendments, and the various De interpreted as defined in this Section. The following etters, shall have the meanings stated in this Section: the exploration, production, withdrawal, gathering, treat- • AS'and PIPELINE - PETROLEUM PRODUCTS OTHER d at the OIL AND GAS FACILITY. • ed.) TRUCTURE shall hereafter be erected, structurally or one (1) or more of the following USES. Land in the A contained in Section 23-3-50 below. USES within the A 3ontained in Articles IV and V of this Chapter. • eloped in the A (Agricultural) Zone District until,a 1041 r the. Board of County Commissioners in accordance with ED, and no BUILDING or STRUCTURE shall hereafter be t except for one (1) or more of the following USES. Land vents contained. in Section 23-3-160, below. USES within n Articles IV and V of this Chapter. ' eloped in the R-1 (Low -Density Residential) Zone District g Services or the Board of County Commissioners in 11 of this Code. ED and no BUILDING or STRUCTURE shall hereafter be t except forone (t) or more of the following USES, which performance standards contained in Section 23-3-250, ithin the C-1 Zone District shall also be subject to addi- sloped in the C-1 (Neighborhood Commercial) Zone Dis- nning Services or the Board of County Commissioners in '1 of this Code. ED and no BUILDING or STRUCTURE shall hereafter trict except for one (1) or more of the following USES, ance standards contained in Section 23-3-250, below. e C-2 Zone District shall also be subject to additional eloped in the C- 2 (General Commercial) Zone District . g Services or the Board of County Commissioners iii '.1 of this Code. • Remainder of Section - No change.. Amend Sec. 23-3-230. C-.3 (BusinessCommercial)_Zone District. A. - No change: • B Uses Allowed, by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall herea be erected, structurally altered, enlarged or maintained in the C-3Zone District except for one (1) or more of the following USES, which must be conducted in compliance with performance standards contained in Section 23-3-250, below: USES within the C -u; Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. ' 1. thru 17. — No change., . • • 18. OIL AND GAS FACILITIES. . a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a 1041 WOGLA Perrriit has been issued by the Department of Planning Services or the Board of County Commissioners in • .accordance with the application procedures set forth in Article V, Chapter 21 of this Code. Remainder of Section — No change. Amend Sec. 23-3-240,10-4 (Highway Commercial) Zone District. . 'A. - No change. '' . . • B. U5esAllowed by'Right; No BUILDINGS, STRUCTURES or land shall be USED and nd BUILDING or STRUCTURE shall hereafter be erected,structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES which Must beconducted in conformance With performance standards contained in Subsection F, below. USES within the O.4 , Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. .1. thru 10. - No change. - 11. OIL AND GAS FACILITIES. a. 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until'a 1041 WOGLA Permit has been issued by the Department of• Planning Services or the Board of County Commissioners in accordance with "the.application procedures set forth in Article V, Chapter 21 of this Code. • Remainder,of:Section -No change. ' Division 4 - Industrial Zone Districts - Amend Sec. -23-3-310. 1-1 (Industrial)2one District. A. - No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used iri the I-1 Zone District, and no BUILDING or STRUC- TURE shall hereafter be erected, structurally altered, enlarged Or maintained, except for one -(1) or mote of the following USES. The . USES must be conducted in compliance with the performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division.. • 1, thru 11. - No change: • 12. OIL AND GAS FACILITIES. a: 1041 WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth, in Article V, Chapter 21 of this Code. , Remainder, of Section - No change. - . Division 6 - E (Estate) Zone District ' Amend Sec. 23-3.410. Uses allowed by right. •• No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered,.enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A..thru I. - No change. , J. OIL AND GASTACILITIES. 1. 1041 WOGLA Permit. Required. No OILAND GAS FACILITY shall be developed in the E (Estate) Zone District until a 1041 WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures -set -forth in Article V, Chapter 21 of this Code. Remainder of Section.- No change. Division 6 - PUD (Planned Unit Development) District [All current development proposals are subject to Chapter 27 of this' Code. See transition provisions of Section 23-1-80 C.] Amend Sec. 23-3-550. Uses allowed by right. A.;QIL'AND GAS FACILITIES. t. 1041 WOGLA Permit Required. No OILAND GAS FACILITY. shall be developed in the A (Agricultural) Zone District until a 1041 W0GLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article V, Chapter 21 of this Code. ARTICLE VIII= Vested Property Rights Amend Sec. 23-8-20. Definitions. As used in this Article, unless the context otherwise requires: ' LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA•Permittees.. PROPERTY. All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT including regulation of exploration and 'extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code. SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT. DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor subdi- vision application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners. SITE -SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C. R.S,'No other type of land USE application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. . Remainder of Section — No change. Amend Sec. 23-8-50. Approval• effective date; amendments. ' A. A SITE SPECIFIC DEVELOPMENT PLAN shall be deemed approved upon the effective date of final or conditional approval' action as detailed in this Code. In the event amendments -to a SITE SPECIFIC DEVELOPMENT PLAN are proposed and approved, the effective date -of such amendments, for purposes of duration of a VESTED PROPERTY RIGHT, shall be the date of the approval of - the original SITE SPECIFICDEVELOPMENT PLAN, unless the Board of County Commissioners specifically finds to the contrary and incorporates such finding in its approval of the amendment. B. A SITE -SPECIFIC DEVELOPMENT PLAN may be approved upon such terms and conditions, as may reasonably be necessaty'to protect the public health, safety and welfare. The conditional approval shall result in a VESTED PROPERTY.RIGHT, although failure to abide by such.erms and conditions will resultIn a forfeiture of VESTED PROPERTY RIGHTS. .. Amend Sec. 23-8-100. Establishment of VESTED PROPERTY RIGHT. The provisions in this'Article are intended to implement the provisions of Article 68 of Title 24, C.R.S. Pursuant to Section 24-68- 103(1)(c) C.R.S„ the 1041 WOGLA Permit shall confer upon the LANDOWNER the right to undertake and complete the development and use of said property under the terms and conditions of the SITE SPECIFIC DEVELOPMENT plan including any amendments thereto. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Article shall be deemed to be repealed and the provisions hereof no longer effective. BE IT FURTHER ORDAINED by the Board,that the Clerk to the Board be, and hereby is directed to arrange for Municode to • supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar and numbering or placement of chapters, articles, divisions,, sections, and subsections in said Code.• BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of theremaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence; clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might.be declared to be unconstitutional or invalid. The Tribune June 16, 2019 • Notary Public VBGKUE G GA l ;RETTS NOTARY PUBLIC STATIC OF COLOR •t OO NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on July 1, 2019 and July 22, 2019. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the Planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@weldgov.com. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-3519, or the Clerk to the Board's Office at (970) 400- 4225, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updated at any time at the request of the applicant, or in response to public input, referral responses, or staff recommendations. During the public hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. DOCKET #: 2019-98 PLANNING COMMISSION DATE: June 18, 2019 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: June 10, 2019 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2019-11 PRESENTED BY: BRUCE BARKER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (1041 OIL AND GAS RESOURCE AREA), OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: June 6, 2019 PUBLISHED: June 7, 2019, in the Greeley Tribune 2019-2139 Affidavit of Publication NOTICE Pursuant to the zoninglaws of the State of Colorado and the Weld County Code:: a public hearing will be held before the Weld County Planning Commission and the Board of County Commis - stoners in the Hearing Room, Weld County, Administration Build- ing, 1150 O Street, Greeley. Colorado, at the limes specified be- low. A Second and Third reading of said Ordinance will be con- sidered on July 1, 2019 and July 22, 2019. ': The complete case file may be examined by calling the Depart- ment of Planning. Services at (970) 400.6100to make arrange-. , ments with the Planner, or at the office of the Clerk to the Board . of County Commissioners, Weld County Administration. Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual: Commissioner may not be included in the case fife. To ensure (null/sian of yourE•Maif correspondence into the .. case file prior to the Planningg,Commission hearing, please call the Department of Planning Services to obtain the ap- propriate contact information. For Inclusion of any corre- spondence prior to the Board of Commissioners hearing E- -mall egesIcK@weldgovtom. if a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Of- fice, kr writing, at least five days prior to the hearing. Thecost of engaging a court reporter shall be borne by the requesting party.. In accordance with the Americans: with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Serv- . ices at (970)400-3519, or the Clerk to the Board's Office at (970) 400-4225, priorto the dayof the hearing: All cases sched- uled before the Planning Commission or Board of County .Corn- missionners are subject to continuance, due to lack of quorum or othelwisez Contact the Department of Planning Services: or the Clerk to the Board's Office at the numbers above, for hearing continuance informafiori. -The application may be updatediat any time at the request of the; applicant, or in response to public input; referral responses or staff recommendations. During the public hearing process, the Planning Commission and Board of County Commissioners reserve: the right to amend the findings, , conditions of approval, and/or development standards in the pro- posed resolution. DOCKET #: 2019-98 PLANNING COMMISSION DATE: June 18, 2019 TIME;12:30 p.m. BOARD OF COMMISSIONERS DATE: June! 10, 2019: TIME: ;:9:00am CASE NUMBER: ORDINANCE 2019 11 PRESENTED BY: BRUCE BARKER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (1041 OIL AND' GAS RESOURCE AREA), OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO, DATED: June 6,2019 • The Tribune. June 7,2019 STATE OF COLORADO County of Weld, 1 Jennifer Usher SS. of said County of Weld, being duly sworn, say that 1 am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days); that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventh day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventh day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 7, 2019 Total Charges: 518.25 7th day of June 2019 My Commission Expires 08/13/2022 Notary Public I) VICKIE G GARRETTS NOIC STATE CAY OLORADO ECOLDO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 i Hello